Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Sexual harassmentDiscipline

Sexual harassment: the rise of historical allegations

by Will Clift 31 Oct 2017
by Will Clift 31 Oct 2017 Leader of the Commons Andrea Leadsom responds to a question about allegations of unwanted sexual behaviour
PA/PA Wire/PA Images
Leader of the Commons Andrea Leadsom responds to a question about allegations of unwanted sexual behaviour
PA/PA Wire/PA Images

With the reports of historical sexual harassment in Hollywood and now Parliament, employees may feel increasingly able to come forward with such claims in the workplace. Will Clift looks at how HR should handle them and the legal grounds for allegations of historical sexual harassment.

With more than 60 women now accusing Hollywood mogul Harvey Weinstein of sexual harassment and the growth of the #MeToo hashtag, historical sexual harassment allegations present a number of challenges that need to be carefully considered by an employer.

Which HR processes should be followed?

The employer should deal with any complaint of historical sexual harassment in accordance with its anti-harassment and bullying policy. If no such policy exists, its grievance procedure should be followed instead. The allegation may also need to be treated as a disciplinary issue, in respect of the accused.

The first step will therefore be to initiate the relevant procedures set out in the employer’s policies or staff handbook or, in their absence, the Acas Code on Disciplinary and Grievance Procedures.

Normally, the first stage will be to fully investigate the allegations, which will include meeting with the alleged victim and perpetrator. Depending on the outcome of these investigations, the employer may then need to invite the alleged harasser to a disciplinary hearing, after which it can decide whether to impose a disciplinary sanction.

Historical sexual harassment

Sexual harassment award: £14,000 for injury to feelings not excessive

Sexual harassment in the workplace: Uber media outcry alerts employers to cut the risk

Podcast: Sexual harassment in the workplace

Dignity at work policy

Once a disciplinary decision has been made and communicated to the alleged harasser, the employer can determine the employee’s grievance. It should then write to the employee to communicate its findings.

If the grievance has been upheld, the letter should set out what disciplinary action the employer has taken against the perpetrator (if appropriate), the steps it intends to take in order to try and protect the employee in question, such as ensuring that the victim and perpetrator do not work together going forwards, and details of any ongoing support that will be provided.

Evidence of historical sexual harassment?

As the events in question may have taken place months or years prior to the allegations being made, there may be a dearth of evidence for the employer to consider. Witnesses may have left the employer and emails or CCTV footage may have been lost or deleted.

It would therefore be advisable for the employer to make reasonable efforts to try and obtain as much evidence as it can. This may include, for example, asking former employees if they are prepared to be interviewed.

Employers should remember that, in order to avoid a successful claim for unfair dismissal, any decision to dismiss the alleged perpetrator will need to be “reasonable in all the circumstances”.

Therefore they should carefully consider whether dismissal would be appropriate in the absence of any corroborating evidence.

What support should be offered to the employee?

In addition to implementing measures to protect the employee in future, the employer should highlight any support services that are available. For example, some employers give staff access to a confidential helpline, perhaps as part of an employee assistance programme, staffed by independent advisers with access to specialist counsellors. Such helplines provide help with physical, mental and social issues.

What are the legal risks?

There is of course a risk that the alleged victim will bring a claim for sexual harassment against the employer under the Equality Act 2010. If the employee can convince an employment tribunal that he or she was sexually harassed, then it is likely to be ordered to pay the employee compensation in respect of any financial losses caused by the act of harassment, as well as an award for “injury to feelings”.

Having said that, if the employer can demonstrate that it took all reasonable steps to prevent the act of harassment from taking place, then it may avoid liability. Such steps, which must take place before the act of harassment, will usually include having appropriate policies in place, such as an anti-harassment and bullying policy, making all employees aware of the policies and their implications.

Managers and supervisors should also be trained in equal opportunities and harassment issues. This is one reason why ensuring that you have proper equality and diversity training and procedures in place can be so important.

In addition, as these are historic allegations, and because there is a three-month time limit within which an employee must bring a discrimination claim, it is likely that the claim would be out of time.

However, a tribunal can extend the time allowed for bringing a discrimination claim if it thinks it is just and equitable to do so. It may be that a claimant could convince a tribunal that the delay was caused by an unsupportive social context, where victims feared recriminations if they reported the perpetrator. It could be argued that this has now shifted sufficiently in the wake of the Weinstein scandal and others like it to allow victims to come forward.

If that were the case, it is possible that an extension would be granted. However, this would be a far from straightforward case for a claimant to run, and would not be guaranteed of success.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Employers should also be mindful that, under the Equality Act, it is unlawful to victimise an employee or worker because they have raised allegations of discrimination, including harassment.

As such, if an employee perceives that the business is handling such an issue unfairly, or if they are subject to recriminations by the accused, there is a risk that they may bring a claim. As a result, employers should ensure that employees who raise such allegations are treated fairly.

Will Clift

Will Clift is a solicitor at Winckworth Sherwood.

previous post
HR horrors: How to flee four frightening scenarios
next post
HR Tech World Amsterdam: Data and digital detox top the agenda

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

‘Polygamous working’ is a minefield for HR

14 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

BBC to ‘act immediately’ on workplace culture review

28 Apr 2025

Firearms officers to be granted anonymity

25 Apr 2025

Eight new equality laws in the pipeline

10 Apr 2025

Philip Green loses human rights case at ECHR

8 Apr 2025

Darlington nurses’ changing room case delayed to October

3 Apr 2025

Woman asked ‘why do you want to work’...

3 Apr 2025

Former minister calls for end to ‘two-tier’ use...

2 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+